In the case of R v. Clouden (1987), what is noted concerning the alleged victim?

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In R v. Clouden (1987), the significant aspect regarding the alleged victim is that it is unnecessary to prove any resistance offered by the victim. This case highlights the principle that in certain offences, particularly in incidents involving personal injury or assault, the focus is not solely on the victim's actions or resistance at the moment of the incident. Instead, the court recognized that the absence of resistance does not negate the occurrence of an assault. The law does not require proof of physical resistance to establish that an unlawful act has taken place. The emphasis is on whether the defendant's conduct constituted an unlawful act regardless of the victim's response. This understanding aligns with the broader legal principles that prioritize the nature of the act over the victim's behaviour at the time.

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